Stumpf v. Hallahan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Stumpf, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 17th day of June, 1904, upon a verdict of nonsuit rendered by direction of the com't after a trial at the Hew York Trial Term.
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Appeal by the plaintiff, Charles Stumpf, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 17th day of June, 1904, upon a verdict of nonsuit rendered by direction of the com't after a trial at the Hew York Trial Term. This action is brought upon a bond made by the defendants to Caroline F. Harrison, to recover for a' deficiency arising from the foreclosing of a mortgage covering lands, in Hew jerséy given to . secure the bond. , The bond ,in suit was made -under the following circumstances : On the 5th of May,…
1Opinion of the Court
O’Brien, J.:
In this action on the bond for a deficiency arising from the fore.closure of the mortgage covering lands in New Jersey given to secure the bond, the defendants among others interposed as a defense the statute, of New Jersey regulating proceedings to recover on bonds and mortgages, and the foreclosure and sale of property thereunder. ■ That statute, among other things, provided that in all cases where a bond and mortgage were given for the same indebtedness the proceedings to collect the debt shall be : First, to- foreclose the mortgage, but no deficiency judgment can be obtained…
2Cases cited1 opinion
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
3Cited by35 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Haag v. BarnesNew York Court of Appeals · 1961
- Hutchinson v. . WardNew York Court of Appeals · 1908
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Jones v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1936
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